Legal Question in DUI Law in Wisconsin

Unfortunately, I cannot advise what the penalties for this offense may be without knowing if your nephew has had a previous alcohol related arrest or not. If he has had one, he could be facing a minimum five day jail sentence up to six months, in addition to several thousand dollars in fines and other expenses triggered by an OWI conviction. However, the worst impacts of such convictions are probably the long term impact upon auto insurance rates, in addition to up to several years loss of drivers license. It is therefore advisable to at least consult with an experienced criminal or traffic lawyer as soon as possible in cases like this. Whether \or not your nephew will be able to legally drive to court after 30 days will depend upon whether or not the officer initiated an administrative suspension of his license, which can be done any time anyone fails a proper chemical test for alcohol within 3 hours of last driving. If one does not request a hearing on the administrative suspension request within 10 days of the arrest, operating privileges are suspended for six months. This can be in addition to any suspension later issued by a judge once the court date finally arrives. In summary, your nephew is in dire need of an attorney to advise him in this matter ASAP. My comments here are not legal advice, nor do they create an attorney client relationship between us; rather they are only for public educational purposes on this website. You are, however, always welcome to contact my office in Racine to discuss any additional questions which you may have or to set up a free consultation.